UPC CFI LD Paris, 19 December 2023, Confidentiality club subject to a fine
19-03-2024 Print this page
Protection of confidential information (Rule 262 RoP, Rule 262A RoP).
Public Access. Redacted commercial information in the Statement of Defence, shall be kept confidential and excluded from public access (Rule 262 RoP). the Statement of Defence contains information regarding notably sales figures and revenues, which are indeed sensitive information, the Court considers that there are sufficient reasons not to disclose the Confidential information in the public register pursuant to R. 262.2 RoP.
Confidentiality club. Considering the competitive relationship between the parties, the Respondent accepts the principle of a Redacted SoD, provided that the access to the information offered to the Respondent is broad enough to ensure a fair trial (Rule 262A RoP).
Access restricted on the Respondent’s side to the representatives of the Respondent as identified in the Statement of claim and their “Legal team” as designated in the CMS in charge of these proceedings (further to them having signed a Non-Disclosure Agreement to comply with this confidentiality order), the representatives of the Respondent as identified in the Statement of claim and their “Legal team” as designated in the CMS in charge of the UPC parallel proceedings involved in another action pending before the Paris LD (n° 583778/2023) and the pending proceedings before the Munich LD (n° 583791/2023 and 547520/2023) (further to them having signed a NDA to comply with this confidentiality order), the three natural persons named by the Claimant, that is to say [XXXXXXXXX], as well as experts and witnesses (further to them having signed a Non-Disclosure Agreement to comply with this confidentiality order).
Respondent accepts that a breach of confidentiality should be subject to a fine to ensure the efficiency of the confidentiality order. Fine of 50.000 euros is reasonable.
